New York State Law

New York State Law Search

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S 165.00Misapplication of property.
1. A person is guilty of misapplication of property when, knowingly
possessing personal property of another pursuant to an agreement that
the same will be returned to the owner at a future time,
(a) he loans, leases, pledges, pawns or otherwise encumbers such
property without the consent of the owner thereof in such manner as to
create a risk that the owner will not be able to recover it or will
suffer pecuniary loss; or
(b) he intentionally refuses to return personal property valued in
excess of one hundred dollars to the owner pursuant to the terms of the
rental agreement provided that the owner shall have made a written
demand for the return of such personal property in person or by
certified mail at an address indicated in the rental agreement and he
intentionally refuses to return such personal property for a period of
thirty days after such demand has been received or should reasonably
have been received by him. Such written demand shall state: (i) the date
and time at which the personal property was to have been returned under
the rental agreement; (ii) that the owner does not consent to the
continued withholding or retaining of such personal property and demands
its return; and (iii) that the continued withholding or retaining of the
property may constitute a class A misdemeanor punishable by a fine of up
to one thousand dollars or by a sentence to a term of imprisonment for a
period of up to one year or by both such fine and imprisonment.
(c) as used in paragraph (b) of this subdivision and in subdivision
three of this section, the terms owner, personal property, and rental
agreement shall be defined as in subdivision one of section three
hundred ninety-nine-w of the general business law.
2. In any prosecution under paragraph (a) of subdivision one of this
section, it is a defense that, at the time the prosecution was
commenced, (a) the defendant had recovered possession of the property,
unencumbered as a result of the unlawful disposition, and (b) the owner
had suffered no material economic loss as a result of the unlawful
disposition.
3. In any prosecution under paragraph (b) of subdivision one of this
section, it is a defense that at the time the prosecution was commenced,
(a) the owner had recovered possession of the personal property and
suffered no material economic loss as a result of the unlawful
retention; or (b) the defendant is unable to return such personal
property because it has been accidentally destroyed or stolen; or (c)
the owner failed to comply with the provisions of section three hundred
ninety-nine-w of the general business law.
Misapplication of property is a class A misdemeanor.
S 165.05Unauthorized use of a vehicle in the third degree.
A person is guilty of unauthorized use of a vehicle in the third
degree when:
1. Knowing that he does not have the consent of the owner, he takes,
operates, exercises control over, rides in or otherwise uses a vehicle.
A person who engages in any such conduct without the consent of the
owner is presumed to know that he does not have such consent; or
2. Having custody of a vehicle pursuant to an agreement between
himself or another and the owner thereof whereby he or another is to
perform for compensation a specific service for the owner involving the
maintenance, repair or use of such vehicle, he intentionally uses or
operates the same, without the consent of the owner, for his own
purposes in a manner constituting a gross deviation from the agreed
purpose; or
3. Having custody of a vehicle pursuant to an agreement with the owner
thereof whereby such vehicle is to be returned to the owner at a
specified time, he intentionally retains or withholds possession
thereof, without the consent of the owner, for so lengthy a period
beyond the specified time as to render such retention or possession a
gross deviation from the agreement.
For purposes of this section "a gross deviation from the agreement"
shall consist of, but not be limited to, circumstances wherein a person
who having had custody of a vehicle for a period of fifteen days or less
pursuant to a written agreement retains possession of such vehicle for
at least seven days beyond the period specified in the agreement and
continues such possession for a period of more than two days after
service or refusal of attempted service of a notice in person or by
certified mail at an address indicated in the agreement stating (i) the
date and time at which the vehicle was to have been returned under the
agreement; (ii) that the owner does not consent to the continued
withholding or retaining of such vehicle and demands its return; and
that continued withholding or retaining of the vehicle may constitute a
class A misdemeanor punishable by a fine of up to one thousand dollars
or by a sentence to a term of imprisonment for a period of up to one
year or by both such fine and imprisonment.
Unauthorized use of a vehicle in the third degree is a class A misdemeanor.
S 165.06Unauthorized use of a vehicle in the second degree.
A person is guilty of unauthorized use of a vehicle in the second
degree when:
He commits the crime of unauthorized use of a vehicle in the third
degree as defined in subdivision one of section 165.05 of this article
and has been previously convicted of the crime of unauthorized use of a
vehicle in the third degree as defined in subdivision one of section
165.05 or second degree within the preceding ten years.
Unauthorized use of a vehicle in the second degree is a class E felony.
S 165.07Unlawful use of secret scientific material.
A person is guilty of unlawful use of secret scientific material when,
with intent to appropriate to himself or another the use of secret
scientific material, and having no right to do so and no reasonable
ground to believe that he has such right, he makes a tangible
reproduction or representation of such secret scientific material by
means of writing, photographing, drawing, mechanically or electronically
reproducing or recording such secret scientific material.
Unlawful use of secret scientific material is a class E felony.
S 165.08Unauthorized use of a vehicle in the first degree.
A person is guilty of unauthorized use of a vehicle in the first
degree when knowing that he does not have the consent of the owner, he
takes, operates, exercises control over, rides in or otherwise uses a
vehicle with the intent to use the same in the course of or the
commission of a class A, class B, class C or class D felony or in the
immediate flight therefrom. A person who engages in any such conduct
without the consent of the owner is presumed to know he does not have
such consent.
Unauthorized use of a vehicle in the first degree is a class D felony.
S 165.09Auto stripping in the third degree.
A person is guilty of auto stripping in the third degree when:
1. He or she removes or intentionally destroys or defaces any part of
a vehicle, other than an abandoned vehicle, as defined in subdivision
one of section one thousand two hundred twenty-four of the vehicle and
traffic law, without the permission of the owner; or
2. He or she removes or intentionally destroys or defaces any part of
an abandoned vehicle, as defined in subdivision one of section one
thousand two hundred twenty-four of the vehicle and traffic law, except
that it is a defense to such charge that such person was authorized to
do so pursuant to law or by permission of the owner.
Auto stripping in the third degree is a class A misdemeanor.
S 165.10Auto stripping in the second degree.
A person is guilty of auto stripping in the second degree when:
1. He or she commits the offense of auto stripping in the third degree
and when he or she has been previously convicted within the last five
years of having violated the provisions of section 165.09 or this
section; or
2. He or she removes or intentionally destroys, defaces, disguises, or
alters any part of two or more vehicles, other than abandoned vehicles,
as defined in subdivision one of section one thousand two hundred
twenty-four of the vehicle and traffic law, without the permission of
the owner, and the value of the parts of vehicles removed, destroyed,
defaced, disguised, or altered exceeds an aggregate value of one
thousand dollars.
Auto stripping in the second degree is a class E felony.
S 165.11Auto stripping in the first degree.
A person is guilty of auto stripping in the first degree when he or
she removes or intentionally destroys, defaces, disguises, or alters any
part of three or more vehicles, other than abandoned vehicles, as
defined in subdivision one of section one thousand two hundred
twenty-four of the vehicle and traffic law, without the permission of
the owner, and the value of the parts of vehicles removed, destroyed,
defaced, disguised, or altered exceeds an aggregate value of three
thousand dollars.
Auto stripping in the first degree is a class D felony.
S 165.15Theft of services.
A person is guilty of theft of services when:
1. He obtains or attempts to obtain a service, or induces or attempts
to induce the supplier of a rendered service to agree to payment
therefor on a credit basis, by the use of a credit card or debit card
which he knows to be stolen.
2. With intent to avoid payment for restaurant services rendered, or
for services rendered to him as a transient guest at a hotel, motel,
inn, tourist cabin, rooming house or comparable establishment, he avoids
or attempts to avoid such payment by unjustifiable failure or refusal to
pay, by stealth, or by any misrepresentation of fact which he knows to
be false. A person who fails or refuses to pay for such services is
presumed to have intended to avoid payment therefor; or
3. With intent to obtain railroad, subway, bus, air, taxi or any other
public transportation service without payment of the lawful charge
therefor, or to avoid payment of the lawful charge for such
transportation service which has been rendered to him, he obtains or
attempts to obtain such service or avoids or attempts to avoid payment
therefor by force, intimidation, stealth, deception or mechanical
tampering, or by unjustifiable failure or refusal to pay; or
4. With intent to avoid payment by himself or another person of the
lawful charge for any telecommunications service, including, without
limitation, cable television service, or any gas, steam, sewer, water,
electrical, telegraph or telephone service which is provided for a
charge or compensation, he obtains or attempts to obtain such service
for himself or another person or avoids or attempts to avoid payment
therefor by himself or another person by means of (a) tampering or
making connection with the equipment of the supplier, whether by
mechanical, electrical, acoustical or other means, or (b) offering for
sale or otherwise making available, to anyone other than the provider of
a telecommunications service for such service provider's own use in the
provision of its service, any telecommunications decoder or descrambler,
a principal function of which defeats a mechanism of electronic signal
encryption, jamming or individually addressed switching imposed by the
provider of any such telecommunications service to restrict the delivery
of such service, or (c) any misrepresentation of fact which he knows to
be false, or (d) any other artifice, trick, deception, code or device.
For the purposes of this subdivision the telecommunications decoder or
descrambler described in paragraph (b) above or the device described in
paragraph (d) above shall not include any non-decoding and
non-descrambling channel frequency converter or any television receiver
type-accepted by the federal communications commission. In any
prosecution under this subdivision, proof that telecommunications
equipment, including, without limitation, any cable television
converter, descrambler, or related equipment, has been tampered with or
otherwise intentionally prevented from performing its functions of
control of service delivery without the consent of the supplier of the
service, or that telecommunications equipment, including, without
limitation, any cable television converter, descrambler, receiver, or
related equipment, has been connected to the equipment of the supplier
of the service without the consent of the supplier of the service, shall
be presumptive evidence that the resident to whom the service which is
at the time being furnished by or through such equipment has, with
intent to avoid payment by himself or another person for a prospective
or already rendered service, created or caused to be created with
reference to such equipment, the condition so existing. A person who
tampers with such a device or equipment without the consent of the
supplier of the service is presumed to do so with intent to avoid, or to
enable another to avoid, payment for the service involved. In any
prosecution under this subdivision, proof that any telecommunications
decoder or descrambler, a principal function of which defeats a
mechanism of electronic signal encryption, jamming or individually
addressed switching imposed by the provider of any such
telecommunications service to restrict the delivery of such service, has
been offered for sale or otherwise made available by anyone other than
the supplier of such service shall be presumptive evidence that the
person offering such equipment for sale or otherwise making it available
has, with intent to avoid payment by himself or another person of the
lawful charge for such service, obtained or attempted to obtain such
service for himself or another person or avoided or attempted to avoid
payment therefor by himself or another person; or
5. With intent to avoid payment by himself or another person of the
lawful charge for any telephone service which is provided for a charge
or compensation he (a) sells, offers for sale or otherwise makes
available, without consent, an existing, canceled or revoked access
device; or (b) uses, without consent, an existing, canceled or revoked
access device; or (c) knowingly obtains any telecommunications service
with fraudulent intent by use of an unauthorized, false, or fictitious
name, identification, telephone number, or access device. For purposes
of this subdivision access device means any telephone calling card
number, credit card number, account number, mobile identification
number, electronic serial number or personal identification number that
can be used to obtain telephone service.
6. With intent to avoid payment by himself or another person for a
prospective or already rendered service the charge or compensation for
which is measured by a meter or other mechanical device, he tampers with
such device or with other equipment related thereto, or in any manner
attempts to prevent the meter or device from performing its measuring
function, without the consent of the supplier of the service. In any
prosecution under this subdivision, proof that a meter or related
equipment has been tampered with or otherwise intentionally prevented
from performing its measuring function without the consent of the
supplier of the service shall be presumptive evidence that the person to
whom the service which is at the time being furnished by or through such
meter or related equipment has, with intent to avoid payment by himself
or another person for a prospective or already rendered service, created
or caused to be created with reference to such meter or related
equipment, the condition so existing. A person who tampers with such a
device or equipment without the consent of the supplier of the service
is presumed to do so with intent to avoid, or to enable another to
avoid, payment for the service involved; or
7. He knowingly accepts or receives the use and benefit of service,
including gas, steam or electricity service, which should pass through a
meter but has been diverted therefrom, or which has been prevented from
being correctly registered by a meter provided therefor, or which has
been diverted from the pipes, wires or conductors of the supplier
thereof. In any prosecution under this subdivision proof that service
has been intentionally diverted from passing through a meter, or has
been intentionally prevented from being correctly registered by a meter
provided therefor, or has been intentionally diverted from the pipes,
wires or conductors of the supplier thereof, shall be presumptive
evidence that the person who accepts or receives the use and benefit of
such service has done so with knowledge of the condition so existing; or
8. With intent to obtain, without the consent of the supplier thereof,
gas, electricity, water, steam or telephone service, he tampers with any
equipment designed to supply or to prevent the supply of such service
either to the community in general or to particular premises; or
9. With intent to avoid payment of the lawful charge for admission to
any theatre or concert hall, or with intent to avoid payment of the
lawful charge for admission to or use of a chair lift, gondola, rope-tow
or similar mechanical device utilized in assisting skiers in
transportation to a point of ski arrival or departure, he obtains or
attempts to obtain such admission without payment of the lawful charge
therefor.
10. Obtaining or having control over labor in the employ of another
person, or of business, commercial or industrial equipment or facilities
of another person, knowing that he is not entitled to the use thereof,
and with intent to derive a commercial or other substantial benefit for
himself or a third person, he uses or diverts to the use of himself or a
third person such labor, equipment or facilities.
11. With intent to avoid payment by himself, herself, or another
person of the lawful charge for use of any computer, computer service,
or computer network which is provided for a charge or compensation he or
she uses, causes to be used, accesses, or attempts to use or access a
computer, computer service, or computer network and avoids or attempts
to avoid payment therefor. In any prosecution under this subdivision
proof that a person overcame or attempted to overcome any device or
coding system a function of which is to prevent the unauthorized use of
said computer or computer service shall be presumptive evidence of an
intent to avoid payment for the computer or computer service.
Theft of services is a class A misdemeanor, provided, however, that
theft of cable television service as defined by the provisions of
paragraphs (a), (c) and (d) of subdivision four of this section, and
having a value not in excess of one hundred dollars by a person who has
not been previously convicted of theft of services under subdivision
four of this section is a violation, that theft of services under
subdivision nine of this section by a person who has not been previously
convicted of theft of services under subdivision nine of this section is
a violation and provided further, however, that theft of services of any
telephone service under paragraph (a) or (b) of subdivision five of this
section having a value in excess of one thousand dollars or by a person
who has been previously convicted within five years of theft of services
under paragraph (a) of subdivision five of this section is a class E
felony.
S 165.16Unauthorized sale of certain transportation services.
1. A person is guilty of unauthorized sale of certain transportation
services when, with intent to avoid payment by another person to the
metropolitan transportation authority, New York city transit authority
or a subsidiary or affiliate of either such authority of the lawful
charge for transportation services on a railroad, subway, bus or mass
transit service operated by either such authority or a subsidiary or
affiliate thereof, he or she, in exchange for value, sells access to
such transportation services to such person, without authorization,
through the use of an unlimited farecard or doctored farecard. This
section shall apply only to such sales that occur in a transportation
facility, as such term is defined in subdivision two of section 240.00
of this chapter, operated by such metropolitan transportation authority,
New York city transit authority or subsidiary or affiliate of such
authority, when public notice of the prohibitions of its section and the
exemptions thereto appears on the face of the farecard or is
conspicuously posted in transportation facilities operated by such
metropolitan transportation authority, New York city transit authority
or such subsidiary or affiliate of such authority.
2. It shall be a defense to a prosecution under this section that a
person, firm, partnership, corporation, or association: (a) selling a
farecard containing value, other than a doctored farecard, relinquished
all rights and privileges thereto upon consummation of the sale; or (b)
sold access to transportation services through the use of a farecard,
other than a doctored farecard, when such sale was made at the request
of the purchaser as an accommodation to the purchaser at a time when a
farecard was not immediately available to the purchaser, provided,
however, that the seller lawfully acquired the farecard and did not, by
means of an unlawful act, contribute to the circumstances that caused
the purchaser to make such request.
3. For purposes of this section:
(a) "farecard"means a value-based, magnetically encoded card
containing stored monetary value from which a specified amount of value
is deducted as payment of a fare;
(b) "unlimited farecard"means a farecard that is time-based,
magnetically encoded and which permits entrance an unlimited number of
times into facilities and conveyances for a specified period of time;
and
(c) "doctored farecard"means a farecard that has been bent or
manipulated or altered so as to facilitate a person's access to
transportation services without paying the lawful charge.
Unauthorized sale of transportation service is a class B misdemeanor.
S 165.17Unlawful use of credit card, debit card or public benefit card.
A person is guilty of unlawful use of credit card, debit card or
public benefit card when in the course of obtaining or attempting to
obtain property or a service, he uses or displays a credit card, debit
card or public benefit card which he knows to be revoked or cancelled.
Unlawful use of a credit card, debit card or public benefit cardis a class A misdemeanor.
S 165.20Fraudulently obtaining a signature.
A person is guilty of fraudulently obtaining a signature when, with
intent to defraud or injure another or to acquire a substantial benefit
for himself or a third person, he obtains the signature of a person to a
written instrument by means of any misrepresentation of fact which he
knows to be false.
Fraudulently obtaining a signature is a class A misdemeanor.
S 165.25Jostling.
A person is guilty of jostling when, in a public place, he
intentionally and unnecessarily:
1. Places his hand in the proximity of a person`s pocket or handbag;
or
2. Jostles or crowds another person at a time when a third person`s
hand is in the proximity of such person`s pocket or handbag.
Jostling is a class A misdemeanor.
S 165.30Fraudulent accosting.
1. A person is guilty of fraudulent accosting when he accosts a person
in a public place with intent to defraud him of money or other property
by means of a trick, swindle or confidence game.
2. A person who, either at the time he accosts another in a public
place or at some subsequent time or at some other place, makes
statements to him or engages in conduct with respect to him of a kind
commonly made or performed in the perpetration of a known type of
confidence game, is presumed to intend to defraud such person of money
or other property.
Fraudulent accosting is a class A misdemeanor.
S 165.35Fortune telling.
A person is guilty of fortune telling when, for a fee or compensation
which he directly or indirectly solicits or receives, he claims or
pretends to tell fortunes, or holds himself out as being able, by
claimed or pretended use of occult powers, to answer questions or give
advice on personal matters or to exorcise, influence or affect evil
spirits or curses; except that this section does not apply to a person
who engages in the aforedescribed conduct as part of a show or
exhibition solely for the purpose of entertainment or amusement.
Fortune telling is a class B misdemeanor.
S 165.40Criminal possession of stolen property in the fifth degree.
A person is guilty of criminal possession of stolen property in the
fifth degree when he knowingly possesses stolen property, with intent to
benefit himself or a person other than an owner thereof or to impede the
recovery by an owner thereof.
Criminal possession of stolen property in the fifth degreeis a class A misdemeanor.
S 165.45Criminal possession of stolen property in the fourth degree.
A person is guilty of criminal possession of stolen property in the
fourth degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof, and when:
1. The value of the property exceeds one thousand dollars; or
2. The property consists of a credit card, debit card or public
benefit card; or
3. He is a collateral loan broker or is in the business of buying,
selling or otherwise dealing in property; or
4. The property consists of one or more firearms, rifles and shotguns,
as such terms are defined in section 265.00 of this chapter; or
5. The value of the property exceeds one hundred dollars and the
property consists of a motor vehicle, as defined in section one hundred
twenty-five of the vehicle and traffic law, other than a motorcycle, as
defined in section one hundred twenty-three of such law; or
6. The property consists of a scroll, religious vestment, vessel or
other item of property having a value of at least one hundred dollars
kept for or used in connection with religious worship in any building or
structure used as a place of religious worship by a religious
corporation, as incorporated under the religious corporations law or the
education law.
7. The property consists of anhydrous ammonia or liquified ammonia gas
and the actor intends to use, or knows another person intends to use,
such anhydrous ammonia or liquified ammonia gas to manufacture
methamphetamine.
Criminal possession of stolen property in the fourth degreeis a class E felony.
S 165.50Criminal possession of stolen property in the third degree.
A person is guilty of criminal possession of stolen property in the
third degree when he knowingly possesses stolen property, with intent to
benefit himself or a person other than an owner thereof or to impede the
recovery by an owner thereof, and when the value of the property exceeds
three thousand dollars.
Criminal possession of stolen property in the third degreeis a class D felony.
S 165.52Criminal possession of stolen property in the second degree.
A person is guilty of criminal possession of stolen property in the
second degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof, and when the value of the property
exceeds fifty thousand dollars.
Criminal possession of stolen property in the second degreeis a class C felony.
S 165.54Criminal possession of stolen property in the first degree.
A person is guilty of criminal possession of stolen property in the
first degree when he knowingly possesses stolen property, with intent to
benefit himself or a person other than an owner thereof or to impede the
recovery by an owner, and when the value of the property exceeds one
million dollars.
Criminal possession of stolen property in the first degreeis a class B felony.
S 165.55Criminal possession of stolen property; presumptions.
1. A person who knowingly possesses stolen property is presumed to
possess it with intent to benefit himself or a person other than an
owner thereof or to impede the recovery by an owner thereof.
2. A collateral loan broker or a person in the business of buying,
selling or otherwise dealing in property who possesses stolen property
is presumed to know that such property was stolen if he obtained it
without having ascertained by reasonable inquiry that the person from
whom he obtained it had a legal right to possess it.
3. A person who possesses two or more stolen credit cards, debit cards
or public benefit cards is presumed to know that such credit cards,
debit cards or public benefit cards were stolen.
4. A person who possesses three or more tickets or equivalent
instrument for air transportation service, which tickets or instruments
were stolen by reason of having been obtained from the issuer or agent
thereof by the use of one or more stolen or forged credit cards, is
presumed to know that such tickets or instruments were stolen.
S 165.60Criminal possession of stolen property; no defense.
In any prosecution for criminal possession of stolen property, it is
no defense that:
1. The person who stole the property has not been convicted,
apprehended or identified; or
2. The defendant stole or participated in the larceny of the property;
or
3. The larceny of the property did not occur in this state.
S 165.65Criminal possession of stolen property; corroboration.
1. A person charged with criminal possession of stolen property who
participated in the larceny thereof may not be convicted of criminal
possession of such stolen property solely upon the testimony of an
accomplice in the larceny unsupported by corroborative evidence tending
to connect the defendant with such criminal possession.
2. Unless inconsistent with the provisions of subdivision one of this
section, a person charged with criminal possession of stolen property
may be convicted thereof solely upon the testimony of one from whom he
obtained such property or solely upon the testimony of one to whom he
disposed of such property.
S 165.70Definitions.
As used in sections 165.71, 165.72, 165.73 and 165.74, the following
terms have the following definitions:
1. The term "trademark" means (a) any word, name, symbol, or device,
or any combination thereof adopted and used by a person to identify
goods made by a person and which distinguish them from those
manufactured or sold by others which is in use and which is registered,
filed or recorded under the laws of this state or of any other state or
is registered in the principal register of the United States patent and
trademark office; or (b) the symbol of the International Olympic
Committee, consisting of five interlocking rings; the emblem of the
United States Olympic Committee, consisting of an escutcheon having a
blue chief and vertically extending red and white bars on the base with
five interlocking rings displayed on the chief; any trademark, trade
name, sign, symbol, or insignia falsely representing association with,
or authorization by, the International Olympic Committee or the United
States Olympic Committee; or the words "Olympic", "Olympiad", "Citius
Altius Fortius", or any combination thereof tending to cause confusion,
to cause mistake, to deceive, or to falsely suggest a connection with
the United States Olympic Committee or any International Olympic
Committee or United States Olympic Committee activity.
2. The term "counterfeit trademark" means a spurious trademark or an
imitation of a trademark that is:
(a) used in connection with trafficking in goods; and
(b) used in connection with the sale, offering for sale or
distribution of goods that are identical with or substantially
indistinguishable from a trademark as defined in subdivision one of this
section.
The term "counterfeit trademark" does not include any mark used in
connection with goods for which the person using such mark was
authorized to use the trademark for the type of goods so manufactured or
produced by the holder of the right to use such mark or designation,
whether or not such goods were manufactured or produced in the United
States or in another country, and does not include imitations of trade
dress or packaging such as color, shape and the like unless those
features have been registered as trademarks as defined in subdivision
one of this section.
3. The term "traffic" means to transport, transfer, or otherwise
dispose of, to another, as consideration for anything of value, or to
obtain control of with intent to so transport, transfer, or otherwise
dispose of.
4. The term "goods" means any products, services, objects, materials,
devices or substances which are identified by the use of a trademark.
S 165.71Trademark counterfeiting in the third degree.
A person is guilty of trademark counterfeiting in the third degree
when, with the intent to deceive or defraud some other person or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods.
Trademark counterfeiting in the third degree is a class A misdemeanor.
S 165.72Trademark counterfeiting in the second degree.
A person is guilty of trademark counterfeiting in the second degree
when, with the intent to deceive or defraud some other person or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods, and the retail value of all such goods bearing
counterfeit trademarks exceeds one thousand dollars.
Trademark counterfeiting in the second degree is a class E felony.
S 165.73Trademark counterfeiting in the first degree.
A person is guilty of trademark counterfeiting in the first degree
when, with the intent to deceive or defraud some other person, or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods, and the retail value of all such goods bearing
counterfeit trademarks exceeds one hundred thousand dollars.
Trademark counterfeiting in the first degree is a class C felony.
S 165.74Seizure and destruction of goods bearing counterfeit trademarks.
Any goods manufactured, sold, offered for sale, distributed or
produced in violation of this article may be seized by any police
officer. The magistrate must, within forty-eight hours after arraignment
of the defendant, determine whether probable cause exists to believe
that the goods had been manufactured, sold, offered for sale,
distributed or produced in violation of this article, and upon a finding
that probable cause exists to believe that the goods had been
manufactured, sold, offered for sale, distributed, or produced in
violation of this article, the court shall authorize such articles to be
retained as evidence pending the trial of the defendant. Upon
conviction of the defendant, the articles in respect whereof the
defendant stands convicted shall be destroyed. Destruction shall not
include auction, sale or distribution of the items in their original
form.
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